WVC 61-5A-2
§61-5A-2. Definitions.
The following words and phrases when used in this article
shall have the meanings respectively ascribed to them in this
section unless the context clearly requires a different meaning:

(1) "Government" includes the state, the state or any county
board of education, or any county or municipality of the state;

(2) "Public servant" means any officer (whether executive,
judicial, legislative or ministerial, and whether elected or
appointed) or employee of the state, or of the state or any county
board of education, or of any county or municipality of the state,
including without in any way limiting the generality of the
foregoing, commissioners of a court, justices of the peace,
law-enforcement officers, and any person participating as juror; or
any candidate for election to any state, county or local public
office; but the term does not include witnesses;

(3) "Party official" means (i) a person who holds an office or
position in a political party or political party committee, whether
by election, appointment or otherwise, by virtue of which he
directs or conducts, or participates in directing or conducting
party affairs at any level of responsibility (including, but not
limited to, a treasurer of a political party committee), or (ii) a
committee or any member thereof advancing the interests of any
political party or candidate for election to any state, county or
local public office (including, but not limited to, a financial
agent as that term is now defined in chapter three of this code) or
working for or against the approval of a public question by the
voters at any election;

(4) "Administrative proceeding" means any adversary proceeding
before any public servant, involving the exercise of administrative
authority, and said term shall not be construed as including any
legislative proceeding;

(5) "Judicial proceeding" means (i) any proceeding before any
court or commissioner thereof or justice of the peace, or (ii) any
quasi-judicial proceeding before a board, commission or public
servant, the outcome of which is required to be based on a record
or documentation prescribed by law;

(6) "Legislative proceeding" means any proceeding before the
Legislature or either house or any committee thereof;

(8) "Benefit" means a gain or advantage, or anything regarded,
or which might reasonably be regarded, by the beneficiary as a gain
or advantage, including a gain or advantage to any other person;
and "pecuniary benefit" means a benefit in the form of money,
tangible or intangible property, commercial interests or anything
else the primary significance of which is economic gain; but the
terms "benefit" and "pecuniary benefit" shall not be construed so
as to include (a) salary, fees and other compensation and expenses
paid by the government or political party or political party
committee in behalf of which the official action or legal duty is
performed, or (b) concurrence in official action in the course of
legitimate compromise among public servants, or (c) wages, salary
or fees or other compensation paid to a public servant when the reason for such payment is not to affect his official impartiality;

(9) "Harm" means loss to a person, physical injury of a person
or injury to the property of a person, including loss to, physical
injury of or injury to the property of any other person in whose
welfare he is interested;

(10) "Approval" means recommendation, failure to disapprove,
or any other manifestation of favor or acquiescence; and

(11) "Disapproval" means failure to approve, or any other
manifestation of disfavor or nonacquiescence.

Note: WV Code updated with legislation passed through the 2015 Regular Session
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